The Judicial Service Commission has advised the president to suspend Western Cape High Court Judge President John Hlophe.
CAPE TOWN – The Judicial Service Commission (JSC) has advised President Cyril Ramaphosa to suspend Western Cape High Court Judge President John Hlophe.
This follows a meeting held on Monday in which recommendations were made for or against the suspension and potential impeachment of Judge Hlophe.
In a media statement, the JSC said: “At its meeting on Monday, the JSC, constituted without members designated by the National Assembly and National Council of Provinces, deliberated and resolved to advise the President to suspend Judge President Hlophe in terms of section 177 (3) of the Constitution.
“This is following the decision of the JSC on August 25, 2021 made in terms of section 20 (3) of the Judicial Service Commission Act 9 of 1994 that Judge President Hlophe is guilty of gross misconduct.”
The recommendation was made to the presidency while leave to appeal proceedings are pending at the Supreme Court of Appeal.
Judge Hlophe had appealed against the decision made by the Gauteng High Court and his legal team said they were confident that the Supreme Court of Appeal would arrive at a different ruling.
Judge Hlophe was found guilty of gross misconduct after he was accused of having attempted to influence the outcome of former president Jacob Zuma’s corruption charges in 2008.
The judicial tribunal’s report stated that Judge Hlophe breached sections of the Constitution when he tried to influence two justices of the Constitutional Court to rule in a particular manner in a pending judgment between Zuma and the National Prosecuting Authority.
In submissions made by Judge Hlophe’s legal team they said a suspension recommendation “would be unfortunate”.